Justice, law and society Continuity and change
Culture, values and ethics Legal processes and institutions
Conflict and cooperation Effectiveness of the legal system
Preliminary course (120 indicative hours) Part I – The Legal System (40% of course time) Topics:
1. Basic legal notions
2. Sources of law:
2.1 Aboriginal and Torres Strait Islander customary law
2.2 Contemporary Australian law
2.3 International law
3. The constitutional system in Australia
4. The operation of the legal system
Part II – The Individual and the State (20% of course time) Topics:
5. Power and authority
6. Legal controls on State power
7. Duties
8. Rights
Part III – The Law in Focus
(40% of course time) Application of Part III as the dynamic context for the study of Parts I and II in the following common areas: • Status under the law
• Mechanisms for achieving justice
• Responsiveness of the legal system
to TWO focus groups chosen from:
1. Aboriginal and Torres Strait Islander peoples
2. People who have a mental illness or intellectual or physical disability
3. Migrants
4. People who are socioeconomically disadvantaged
5. Women
6. Members of other groups covered by human rights legislation, including anti-discrimination legislation
HSC course (120 indicative hours) Part I – Law and Society (25% of course time)
Topics:
1. Law and justice
2. Human rights
Parts II and III – Focus Studies Framework Study of the operation of the legal system through the application of the following common areas: • Key legal concepts and features of the legal system
• Legal issues and remedies
• Morality, ethics and commitment to the law
• Effectiveness of the law
• Law reform
Part II – Focus Study: Crime (25% of course time) Application of the focus studies framework to Crime
Part III – Additional Focus Studies (50% of course time)
Application of the focus studies framework to TWO focus studies chosen from:
1. Consumers
2. Family
3. Global environment
4. Indigenous peoples
5. Shelter
6. Technological change
7. Workplace
8. World order
Themes
The six themes that are incorporated across topic areas and reflected in the outcomes of the Preliminary and HSC courses are:
Justice, law and society
• the interrelationship between the concepts of justice, law and society
Continuity and change
• the evolution of legal rules and institutions
• the importance of precedent in establishing rules
• the effects of social, political, economic and ideological factors and of community attitudes
• the means and processes by which the law changes
Culture, values and ethics
• the extent to which law reflects the culture and values of different societies and groups within society
• the importance of ethics in the functioning of society
Legal process and institutions
• how laws are made
• the nature of legal institutions such as parliaments, courts, the United Nations
• the adjudication and settlement of disputes and enforcement of legal rules
Conflict and cooperation
• the nature and extent of conflict in society
• the place of law in resolving conflict and encouraging cooperation
Effectiveness of the legal system
Effectiveness within the legal system has a number of meanings. They include:
• the extent to which an issue can be dealt with by the law
• if an issue is dealt with by the law, how well it is dealt with in terms of ease of access, simplicity, consistency, predictability and delivery of just outcomes
• the capacity of a law to stop or change human behaviour. 7 Objectives and Outcomes 7.1 Table of Objectives and Outcomes Outcomes should inform teaching, learning and assessment processes.
Objectives
Preliminary Course Outcomes
HSC Course
Outcomes
A student develops knowledge and understanding about:
1. the general nature, functions, systems, processes and institutions of domestic and international law
A student:
P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P1.2 describes how the legal system operates in Australia
P1.3 describes the major international legal processes and institutions
A student:
H1.1 applies domestic and international legal vocabulary in appropriate contexts
H1.2 assesses the role of Australian and major international legal institutions
2. the operation and dimensions of the Australian and international legal systems and the importance of the rule of law
P2.1 states the origins and sources of Australian and international law
P2.2 describes the key features of customary law, statutory law, common law and international law
P2.3 explains the effectiveness of the legal system in addressing issues
H2.1 explains the origins and sources of Australian and international law
H2.2 compares similarities and contrasts differences in relation to customary law, statutory law, common law and international law
H2.3 evaluates the effectiveness of domestic law in responding to global challenges
3. how changes in societies influence change and reform in the law
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P3.3 explains the impact of continuity and change in the legal system
P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law
H3.1 analyses the interrelationship between law, justice and society and the changing nature of law
H3.2 assesses how cultures and values of different groups within society impact on the legal system
H3.3 evaluates the effectiveness of the processes and mechanisms of change in the legal system
H3.4 analyses legislation, cases, media reports and opinions to review arguments for change and reform in the law
4. access to and participation in the legal system and methods of dispute resolution
P4.1 discusses the specific problems encountered in gaining access to the legal system
P4.2 investigates and assesses the formal and informal means of resolving conflict
P4.3 describes the role of legal rights and responsibilities in resolving conflict and encouraging cooperation
H4.1 analyses specific problems encountered in gaining access to the legal system
H4.2 assesses the effectiveness of dispute resolution mechanisms
H4.3 explains rights and responsibilities and evaluates the provisions of domestic and international legal systems in addressing these issues
A student develops skills in:
5. investigating, analysing, synthesising and communicating legal information and issues.
A student:
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues
P5.5 negotiates individually or in groups to allocate tasks, establish roles, procedures and evaluation strategies to achieve appropriate goals in set timelines.
A student:
H5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
H5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations
H5. 3 communicates through well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues using appropriate written and oral forms
H5.4 uses planning and review strategies to manage effectively the competing demands of complex tasks and makes effective use of time and resources.
8 Content: Legal Studies Preliminary Course 8.1 Part I – The Legal System
In this part of the course, students learn to understand the nature and social functions of law and examine law-making processes and the institutions that administer and enforce the law in modern society.
Percentage of Course Time 40%
Note: the material in Part I is to be taught in conjunction with Part II and the focus groups in Part III
Topic 1 – Basic Legal Notions
Principal Focus
Students learn about basic legal terms and concepts and understand the relationship between the concepts.
Outcomes
A student:
P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about: Basic Legal Notions • anarchy, custom, rules, law, fairness, equality and justice, values and ethics
• relationship between rules, laws and custom.
Key Questions/Issues
• What is meant by each of these legal notions and what is the relationship between them?
• Is law necessary?
• Do different people have different perceptions of law and law-making?
Topic 2 – Sources of Law
Principal Focus
Students learn about the development of the Australian and international legal systems and examine the different sources of law and law-making processes.
Outcomes
A student:
P1.2 describes how the legal system operates in Australia
P1.3 describes the major international legal processes and institutions
P2.1 states the origins and sources of Australian and international law
P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law
P2.3 explains the effectiveness of the legal system in addressing issues
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P3.3 explains the impact of continuity and change in the legal system
P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues
P5.5 negotiates individually or in groups to allocate tasks, establish roles, procedures and evaluation strategies to achieve appropriate goals in set timelines.
Content
Students learn about: Aboriginal Customary Law and Torres Strait Islander Customary Law Prior to 1788 • the spiritual nature of Aboriginal customary law and Torres Strait Islander customary law • diversity of Aboriginal laws and Torres Strait Islander laws • ritual and oral traditions within Aboriginal and Torres Strait Islander societies • conciliation and mediation within Aboriginal and Torres Strait Islander societies • enforcement and sanction within Aboriginal and Torres Strait Islander societies • the significance of land and bodies of water to Aboriginal and Torres Strait Islander societies
Sources of Contemporary Australian Law • common law and the different uses of the term ‘common law’ • the system of precedent • statute law and delegated legislation • the constitution • criminal law and civil law
Sources and Framework of International Law • origins and sources of international law: treaties, customs, legal decisions, legal writings • principal international organisations: United Nations (UN), International Court of Justice (ICJ).
Key Issues/Questions • What is the difference between common law and statute law? • What are the distinguishing features of Aboriginal and Torres Strait Islander law? • What is the relationship between government and the parliament? • What are the different roles of domestic and international law? • What are the essential features of criminal and civil law? • What is the relevance of Aboriginal and Torres Strait Islander law in the contemporary Australian legal system?
Topic 3 – The Constitutional System in Australia
Principal Focus
Students learn about the powers of governments and examine the role of the High Court and the division of power as laid down in the Australian constitution.
Outcomes
A student:
P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P1.2 describes how the legal system operates in Australia
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P3.3 explains the impact of continuity and change in the legal system
P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about: The Constitutional System in Australia • constitutional division of power between the Commonwealth, the States and the Territories • the role of the High Court in constitutional interpretation, the system of judicial review and separation of powers • the gradual transfer of legislative power from the imperial government to the colonies, States and the Commonwealth.
Key Questions/Issues
• Is the division of power between the Commonwealth, States and Territories under the Australian constitution relevant to the 21st century? • What is the role of the High Court? • What is the significance of the following: the Statute of Westminster; abolition of appeals to the Privy Council and the Australia Acts? • Are there checks and balances under the Australian constitution? Are they important?
Topic 4 – The Operation of the Legal System
Principal Focus
Students examine the function and operation of legal institutions and the personnel involved in legal processes and they learn about the application of the law in relation to native title from 1788 to the present.
Outcomes
A student:
P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P1.2 describes how the legal system operates in Australia
P2.3 explains the effectiveness of the legal system in addressing issues
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P3.3 explains the impact of continuity and change in the legal system
P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law
P4.1 discusses the specific problems encountered in gaining access to the legal system
P4.2 investigates and assesses the formal and informal means of resolving conflict
P4.3 describes the role of legal rights and responsibilities in resolving conflict and encouraging cooperation
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about: Operation of the Legal System • structure of State and Federal courts
• the adversary system and the legal profession
• court procedures in civil and criminal proceedings
• observation of civil and criminal cases in the local court
• enforcement agencies: police, government departments, other authorities
• legal aid
• alternatives to the court system: administrative and other tribunals
• alternative dispute resolution, self-help remedies, political processes, community justice centres
Operation of the Legal System in Relation to Native Title • the doctrine of terra nullius in Australia
• the growth of recognition of native title in some countries
• the major High Court decisions on native title: Mabo (Mabo v Queensland (No.2) (1992) 175 CLR (1)) and Wik (The Wik Peoples v The State of Queensland and Ors; the Thayorre People v The State of Queensland and Ors (1996) 183 CLR1)
• subsequent legal developments: common law, statutory law
• native title as a collective right.
Key Questions/Issues
• How is the law enforced?
• How are courts structured? Why?
• How does the adversary system affect the court process?
• Distinguish between civil and criminal court procedures.
• Why have alternative dispute resolution mechanisms developed?
• What is the role of legal aid?
• How is the law as to native title enforced?
• How is the Native Title Tribunal structured? Why?
• How did the doctrine of terra nullius affect the status of indigenous peoples?
• How do recent legal developments affect the significance of the 1992 HighCourt decision in Mabo and Wik?
8.2 Part II – The Individual and the State
In this part of the course, students learn to understand the role of law in national and international society in protecting the individual and the reciprocal obligations on individuals and governments to meet their own duties.
Percentage of Course Time 20%
Note: the material in Part II is to be taught in conjunction with Part I and the focus groups in Part III.
Topic 5 – Power and Authority
Principal Focus Students understand and analyse different forms and sources of power, the abuse of power and the tensions in balancing the needs of the individual and the State.
Outcomes
A student: P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P1.2 describes how the legal system operates in Australia
P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about: Power and Authority • concepts of power – social, cultural, economic, political, legal
• concepts of authority – customary, statutory, common law, delegated
• relationship of the individual to power and authority.
Key Questions/Issues
• Who has power? How is power used?
• When do the needs of the individual and the State conflict?
• Should the needs of the State or the needs of individuals be given priority? When? Why?
Topic 6 – Legal Controls on State Power
Principal Focus Students understand the importance of restraining the power of the State and learn about the bodies that assist the individual in doing so.
Outcomes
A student:
P4.1 discusses the specific problems encountered in gaining access to the legal system
P4.2 investigates and assesses the formal and informal means of resolving conflict
P4.3 describes the role of legal rights and responsibilities in resolving conflict and encouraging cooperation
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about: Legal Controls on State Power • official duties and discretionary powers • parliamentary control of executive: ministerial responsibility, parliamentary committees • individuals’ rights to access information: common law and statutory rights • informal means of challenging State power through: the media, members of parliament, trade unions, interest groups, including non-government organisations (NGOs) • formal means of challenging power: internal and external review, including general merit review tribunals, privacy bodies, courts, Office of the Ombudsman, commissions of inquiry and the Independent Commission Against Corruption.
Key Questions/Issues
• Why do people need to know what decisions have been made about them and how can individuals get access to that information? • What are the relative strengths and weaknesses of the various formal and informal means of challenging State power? • How adequate are the powers of the courts in reviewing administrative actions? • How does the law impact on institutions?
Topic 7 – Duties Principal Focus
Students learn about domestic and international duties expected of both governments and individuals.
Outcomes
A student:
P2.1 states the origins and sources of Australian and international law
P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about: Duties: domestic
• the different meanings of duties: legal (statutory and common law), social and cultural, moral, religious and ethical
• the interrelationship of legal and other duties Duties: international • meanings of international duties and their evolving nature
• restrictions on the use of force as an instrument of national policy in international relations
• obligation on governments to practice tolerance and live together in peace with one another as good neighbours and to work for the promotion of the economic and social advancement of all peoples.
Key Questions/Issues
• What are the different types of duties within society?
• What duties does a country have internationally?
• What are the differences between domestic and international duties of government?
• Illustrate the difference between legal and non-legal duties of an individual.
Topic 8 – Rights Principal Focus Students understand the concepts of rights and the relationship between duties and rights.
Outcomes
A student: P2.1 states the origins and sources of Australian and international law
P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues
Content
Students learn about: Rights: domestic • legal basis of rights • the distinction between moral, customary and legal rights • different types of legal rights – common law and statutory rights • self-determination
Rights: international • international treaties and declarations of rights • the limitations of international law in protecting rights • self-determination
Key Questions/Issues
• What is the relationship between rights and duties? • What is the difference between moral, customary and legal rights? • What are the differences between domestic and international rights? 8.3 Part III – Law in Focus In this part of the course, students learn to investigate and understand the nature of the struggle for legal justice by individuals belonging to particular groups.
Percentage of Course Time 40%
Application of Part III as the dynamic context for the study of Parts I and II using the following framework:
Areas
Themes
Status under the law
Culture, values and ethics
Continuity and change
Mechanisms for achieving justice
Legal processes and institutions
Conflict and cooperation
Responsiveness of the legal system
Effectiveness of the legal system
Justice, law and society
to TWO focus groups chosen from:
1. Aboriginal and Torres Strait Islander peoples
2. People who have a mental illness or intellectual or physical disability
3. Migrants
4. People who are socioeconomically disadvantaged
5. Women 6. Members of any other groups covered by human rights legislation, including anti-discrimination legislation.
LEGAL STUDIES SYLLABUS
Course Structure
Themes
Culture, values and ethics Legal processes and institutions
Conflict and cooperation Effectiveness of the legal system
(120 indicative hours)
Part I – The Legal System
(40% of course time)
Topics:
1. Basic legal notions
2. Sources of law:
2.1 Aboriginal and Torres Strait Islander customary law
2.2 Contemporary Australian law
2.3 International law
3. The constitutional system in Australia
4. The operation of the legal system
Part II – The Individual and the State
(20% of course time)
Topics:
5. Power and authority
6. Legal controls on State power
7. Duties
8. Rights
Part III – The Law in Focus
(40% of course time)
Application of Part III as the dynamic context for the study of Parts I and II in the following common areas:
• Status under the law
• Mechanisms for achieving justice
• Responsiveness of the legal system
to TWO focus groups chosen from:
1. Aboriginal and Torres Strait Islander peoples
2. People who have a mental illness or intellectual or physical disability
3. Migrants
4. People who are socioeconomically disadvantaged
5. Women
6. Members of other groups covered by human rights legislation, including anti-discrimination legislation
(120 indicative hours)
Part I – Law and Society
(25% of course time)
Topics:
1. Law and justice
2. Human rights
Parts II and III – Focus Studies Framework
Study of the operation of the legal system through the application of the following common areas:
• Key legal concepts and features of the legal system
• Legal issues and remedies
• Morality, ethics and commitment to the law
• Effectiveness of the law
• Law reform
Part II – Focus Study: Crime
(25% of course time)
Application of the focus studies framework to Crime
Part III – Additional Focus Studies
(50% of course time)
Application of the focus studies framework to
TWO focus studies chosen from:
1. Consumers
2. Family
3. Global environment
4. Indigenous peoples
5. Shelter
6. Technological change
7. Workplace
8. World order
Themes
The six themes that are incorporated across topic areas and reflected in the outcomes of the Preliminary and HSC courses are:
Justice, law and society
• the interrelationship between the concepts of justice, law and society
Continuity and change
• the evolution of legal rules and institutions
• the importance of precedent in establishing rules
• the effects of social, political, economic and ideological factors and of community attitudes
• the means and processes by which the law changes
Culture, values and ethics
• the extent to which law reflects the culture and values of different societies and groups within society
• the importance of ethics in the functioning of society
Legal process and institutions
• how laws are made
• the nature of legal institutions such as parliaments, courts, the United Nations
• the adjudication and settlement of disputes and enforcement of legal rules
Conflict and cooperation
• the nature and extent of conflict in society
• the place of law in resolving conflict and encouraging cooperation
Effectiveness of the legal system
Effectiveness within the legal system has a number of meanings. They include:
• the extent to which an issue can be dealt with by the law
• if an issue is dealt with by the law, how well it is dealt with in terms of ease of access, simplicity, consistency, predictability and delivery of just outcomes
• the capacity of a law to stop or change human behaviour.
7 Objectives and Outcomes
7.1 Table of Objectives and Outcomes
Outcomes should inform teaching, learning and assessment processes.
HSC Course
Outcomes
A student develops knowledge and understanding about:
1. the general nature, functions, systems, processes and institutions of domestic and international law
A student:
P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P1.2 describes how the legal system operates in Australia
P1.3 describes the major international legal processes and institutions
A student:
H1.1 applies domestic and international legal vocabulary in appropriate contexts
H1.2 assesses the role of Australian and major international legal institutions
P2.1 states the origins and sources of Australian and international law
P2.2 describes the key features of customary law, statutory law, common law and international law
P2.3 explains the effectiveness of the legal system in addressing issues
H2.1 explains the origins and sources of Australian and international law
H2.2 compares similarities and contrasts differences in relation to customary law, statutory law, common law and international law
H2.3 evaluates the effectiveness of domestic law in responding to global challenges
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P3.3 explains the impact of continuity and change in the legal system
P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law
H3.1 analyses the interrelationship between law, justice and society and the changing nature of law
H3.2 assesses how cultures and values of different groups within society impact on the legal system
H3.3 evaluates the effectiveness of the processes and mechanisms of change in the legal system
H3.4 analyses legislation, cases, media reports and opinions to review arguments for change and reform in the law
P4.1 discusses the specific problems encountered in gaining access to the legal system
P4.2 investigates and assesses the formal and informal means of resolving conflict
P4.3 describes the role of legal rights and responsibilities in resolving conflict and encouraging cooperation
H4.1 analyses specific problems encountered in gaining access to the legal system
H4.2 assesses the effectiveness of dispute resolution mechanisms
H4.3 explains rights and responsibilities and evaluates the provisions of domestic and international legal systems in addressing these issues
A student develops skills in:
5. investigating, analysing, synthesising and communicating legal information and issues.
A student:
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues
P5.5 negotiates individually or in groups to allocate tasks, establish roles, procedures and evaluation strategies to achieve appropriate goals in set timelines.
A student:
H5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
H5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations
H5. 3 communicates through well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues using appropriate written and oral forms
H5.4 uses planning and review strategies to manage effectively the competing demands of complex tasks and makes effective use of time and resources.
8 Content: Legal Studies Preliminary Course
8.1 Part I – The Legal System
In this part of the course, students learn to understand the nature and social functions of law and examine law-making processes and the institutions that administer and enforce the law in modern society.
Percentage of Course Time 40%
Note: the material in Part I is to be taught in conjunction with Part II and the focus groups in Part III
Topic 1 – Basic Legal Notions
Principal Focus
Students learn about basic legal terms and concepts and understand the relationship between the concepts.
Outcomes
A student:P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about:Basic Legal Notions
• anarchy, custom, rules, law, fairness, equality and justice, values and ethics
• relationship between rules, laws and custom.
Key Questions/Issues
• What is meant by each of these legal notions and what is the relationship between them?• Is law necessary?
• Do different people have different perceptions of law and law-making?
Topic 2 – Sources of Law
Principal Focus
Students learn about the development of the Australian and international legal systems and examine the different sources of law and law-making processes.
Outcomes
A student:P1.2 describes how the legal system operates in Australia
P1.3 describes the major international legal processes and institutions
P2.1 states the origins and sources of Australian and international law
P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law
P2.3 explains the effectiveness of the legal system in addressing issues
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P3.3 explains the impact of continuity and change in the legal system
P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues
P5.5 negotiates individually or in groups to allocate tasks, establish roles, procedures and evaluation strategies to achieve appropriate goals in set timelines.
Content
Students learn about:Aboriginal Customary Law and Torres Strait Islander Customary Law Prior to 1788
• the spiritual nature of Aboriginal customary law and Torres Strait Islander customary law
• diversity of Aboriginal laws and Torres Strait Islander laws
• ritual and oral traditions within Aboriginal and Torres Strait Islander societies
• conciliation and mediation within Aboriginal and Torres Strait Islander societies
• enforcement and sanction within Aboriginal and Torres Strait Islander societies
• the significance of land and bodies of water to Aboriginal and Torres Strait Islander societies
Sources of Contemporary Australian Law
• common law and the different uses of the term ‘common law’
• the system of precedent
• statute law and delegated legislation
• the constitution
• criminal law and civil law
Sources and Framework of International Law
• origins and sources of international law: treaties, customs, legal decisions, legal writings
• principal international organisations: United Nations (UN), International Court of Justice (ICJ).
Key Issues/Questions
• What is the difference between common law and statute law?
• What are the distinguishing features of Aboriginal and Torres Strait Islander law?
• What is the relationship between government and the parliament?
• What are the different roles of domestic and international law?
• What are the essential features of criminal and civil law?
• What is the relevance of Aboriginal and Torres Strait Islander law in the contemporary Australian legal system?
Topic 3 – The Constitutional System in Australia
Principal Focus
Students learn about the powers of governments and examine the role of the High Court and the division of power as laid down in the Australian constitution.
Outcomes
A student:P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P1.2 describes how the legal system operates in Australia
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P3.3 explains the impact of continuity and change in the legal system
P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose, procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about:The Constitutional System in Australia
• constitutional division of power between the Commonwealth, the States and the Territories
• the role of the High Court in constitutional interpretation, the system of judicial review and separation of powers
• the gradual transfer of legislative power from the imperial government to the colonies, States and the Commonwealth.
Key Questions/Issues
• Is the division of power between the Commonwealth, States and Territories under the Australian constitution relevant to the 21st century?• What is the role of the High Court?
• What is the significance of the following: the Statute of Westminster; abolition of appeals to the Privy Council and the Australia Acts?
• Are there checks and balances under the Australian constitution? Are they important?
Topic 4 – The Operation of the Legal System
Principal Focus
Students examine the function and operation of legal institutions and the personnel involved in legal processes and they learn about the application of the law in relation to native title from 1788 to the present.
Outcomes
A student:P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P1.2 describes how the legal system operates in Australia
P2.3 explains the effectiveness of the legal system in addressing issues
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P3.3 explains the impact of continuity and change in the legal system
P3.4 uses legislation, cases, media reports and opinions to review arguments for change and reform in the law
P4.1 discusses the specific problems encountered in gaining access to the legal system
P4.2 investigates and assesses the formal and informal means of resolving conflict
P4.3 describes the role of legal rights and responsibilities in resolving conflict and encouraging cooperation
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about:Operation of the Legal System
• structure of State and Federal courts
• the adversary system and the legal profession
• court procedures in civil and criminal proceedings
• observation of civil and criminal cases in the local court
• enforcement agencies: police, government departments, other authorities
• legal aid
• alternatives to the court system: administrative and other tribunals
• alternative dispute resolution, self-help remedies, political processes, community justice centres
Operation of the Legal System in Relation to Native Title
• the doctrine of terra nullius in Australia
• the growth of recognition of native title in some countries
• the major High Court decisions on native title: Mabo (Mabo v Queensland (No.2) (1992) 175 CLR (1)) and Wik (The Wik Peoples v The State of Queensland and Ors; the Thayorre People v The State of Queensland and Ors (1996) 183 CLR1)
• subsequent legal developments: common law, statutory law
• native title as a collective right.
Key Questions/Issues
• How is the law enforced?• How are courts structured? Why?
• How does the adversary system affect the court process?
• Distinguish between civil and criminal court procedures.
• Why have alternative dispute resolution mechanisms developed?
• What is the role of legal aid?
• How is the law as to native title enforced?
• How is the Native Title Tribunal structured? Why?
• How did the doctrine of terra nullius affect the status of indigenous peoples?
• How do recent legal developments affect the significance of the 1992 HighCourt decision in Mabo and Wik?
8.2 Part II – The Individual and the State
In this part of the course, students learn to understand the role of law in national and international society in protecting the individual and the reciprocal obligations on individuals and governments to meet their own duties.
Percentage of Course Time 20%
Note: the material in Part II is to be taught in conjunction with Part I and the focus groups in Part III.
Topic 5 – Power and Authority
Principal Focus
Students understand and analyse different forms and sources of power, the abuse of power and the tensions in balancing the needs of the individual and the State.
Outcomes
A student:P1.1 identifies legal concepts and terminology and applies them to appropriate legal contexts
P1.2 describes how the legal system operates in Australia
P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about:Power and Authority
• concepts of power
– social, cultural, economic, political, legal
• concepts of authority
– customary, statutory, common law, delegated
• relationship of the individual to power and authority.
Key Questions/Issues
• Who has power? How is power used?• When do the needs of the individual and the State conflict?
• Should the needs of the State or the needs of individuals be given priority? When? Why?
Topic 6 – Legal Controls on State Power
Principal Focus
Students understand the importance of restraining the power of the State and learn about the bodies that assist the individual in doing so.
Outcomes
A student:P4.1 discusses the specific problems encountered in gaining access to the legal system
P4.2 investigates and assesses the formal and informal means of resolving conflict
P4.3 describes the role of legal rights and responsibilities in resolving conflict and encouraging cooperation
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about:Legal Controls on State Power
• official duties and discretionary powers
• parliamentary control of executive: ministerial responsibility, parliamentary committees
• individuals’ rights to access information: common law and statutory rights
• informal means of challenging State power through: the media, members of parliament, trade unions, interest groups, including non-government organisations (NGOs)
• formal means of challenging power: internal and external review, including general merit review tribunals, privacy bodies, courts, Office of the Ombudsman, commissions of inquiry and the Independent Commission Against Corruption.
Key Questions/Issues
• Why do people need to know what decisions have been made about them and how can individuals get access to that information?• What are the relative strengths and weaknesses of the various formal and informal means of challenging State power?
• How adequate are the powers of the courts in reviewing administrative actions?
• How does the law impact on institutions?
Topic 7 – Duties
Principal Focus
Students learn about domestic and international duties expected of both governments and individuals.
Outcomes
A student:P2.1 states the origins and sources of Australian and international law
P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues.
Content
Students learn about:Duties: domestic
• the different meanings of duties: legal (statutory and common law), social and cultural, moral, religious and ethical
• the interrelationship of legal and other duties
Duties: international
• meanings of international duties and their evolving nature
• restrictions on the use of force as an instrument of national policy in international relations
• obligation on governments to practice tolerance and live together in peace with one another as good neighbours and to work for the promotion of the economic and social advancement of all peoples.
Key Questions/Issues
• What are the different types of duties within society?• What duties does a country have internationally?
• What are the differences between domestic and international duties of government?
• Illustrate the difference between legal and non-legal duties of an individual.
Topic 8 – Rights
Principal Focus
Students understand the concepts of rights and the relationship between duties and rights.
Outcomes
A student:P2.1 states the origins and sources of Australian and international law
P2.2 describes similarities and differences in relation to customary law, statutory law, common law and international law
P3.1 describes the interrelationship between law, justice and society and the changing nature of law
P3.2 explains the extent to which law reflects the cultures and values of different groups within society
P5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
P5.2 investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings and investigations to a particular audience
P5.3 communicates law-related issues coherently and responsively to different audiences using appropriate written and oral forms characterised by complexity of purpose procedure and subject matter
P5.4 creates well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues
Content
Students learn about:Rights: domestic
• legal basis of rights
• the distinction between moral, customary and legal rights
• different types of legal rights – common law and statutory rights
• self-determination
Rights: international
• international treaties and declarations of rights
• the limitations of international law in protecting rights
• self-determination
Key Questions/Issues
• What is the relationship between rights and duties?• What is the difference between moral, customary and legal rights?
• What are the differences between domestic and international rights?
8.3 Part III – Law in Focus
In this part of the course, students learn to investigate and understand the nature of the struggle for legal justice by individuals belonging to particular groups.
Percentage of Course Time 40%
Application of Part III as the dynamic context for the study of Parts I and II using the following framework:
Continuity and change
Conflict and cooperation
Justice, law and society
1. Aboriginal and Torres Strait Islander peoples
2. People who have a mental illness or intellectual or physical disability
3. Migrants
4. People who are socioeconomically disadvantaged
5. Women
6. Members of any other groups covered by human rights legislation, including anti-discrimination legislation.